Am I eligible to participate? – The Market Court’s decision on the grounds for excluding a bidder sparks debate
Market Court ruling (MAO:508/2025) clarifies grounds for excluding a bidder.
The City of Turku’s decision to exclude Isku Spaces from a public tender was found unlawful. The Market Court held that a transfer of business to a new company may satisfy suitability requirements if the assessment is based on the transferred operations.
The decision highlights contracting authorities’ duty to conduct a thorough suitability assessment – and raises the question of where to draw the line between legitimate restructuring and circumvention of procurement criteria.
Read more about the case in Finnish here.
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